When someone is arrested for driving under the influence in California, there are typically two separate tracks that can follow:
A DMV license hearing is not mandatory, but it is often the only way to formally challenge the DMV’s administrative action within the required deadline. The criminal court case, on the other hand, is the legal process where the DUI charge is handled in court.
In this article, we explain the difference between these two procedures and how they work under California law.
A DMV administrative hearing (often called an APS/Driver Safety hearing) may be requested by a person arrested for DUI if they want to dispute the DMV’s action against their driving privileges.
After a DUI arrest, you generally have a short window to request the hearing (commonly referenced as 10 days from receiving the DMV notice/order). If you do not request a hearing on time, the DMV can proceed with the suspension without giving you a formal opportunity to challenge it.
A DMV administrative hearing is not a criminal trial. The DMV is typically deciding limited issues that relate to your license—commonly including questions like:
If the DMV case involves an alleged chemical test refusal, the DMV may also focus on whether you were properly advised and whether a refusal occurred under the implied consent rules.
Even when a hearing is requested, it is still possible for the DMV to impose a suspension depending on the evidence and the issues in your case. The hearing is your opportunity to contest the DMV action, but results vary based on the facts.
Unlike the DMV hearing, the criminal court case is the formal legal process where the DUI charge is handled. However, it is important to correct one common misconception:
Many DUI cases involve court appearances and pretrial proceedings, but not every DUI case goes to a trial. Criminal cases often resolve through negotiations, motions, dismissals, or plea agreements. A trial is possible, but it is not guaranteed in every case.
In the criminal case, the court determines whether the prosecution can prove the DUI charge and, if there is a conviction, what penalties apply (such as fines, probation, DUI school, and—depending on the facts—jail).
The outcome of your DMV hearing generally does not control your court case, and the outcome of the court case generally does not automatically control your DMV case. They are separate processes with different standards and different purposes.
Even if you win the DMV hearing, you can still face DUI charges in court. And even if you obtain a favorable result in court, the DMV may still maintain its own administrative action depending on the situation and timing.
In California, most first-time DUIs are charged as misdemeanors, but DUI charges can become felony-level depending on factors such as prior DUI history, injuries, or other aggravating circumstances.
For a first-time misdemeanor DUI, penalties can vary by county and by the facts of the case. In some cases, misdemeanor DUIs can carry up to six months in county jail, although many first-time cases are resolved with probationary terms and conditions rather than maximum custody exposure.
Because the consequences depend heavily on the facts, it is important to evaluate the stop, the evidence, the testing, and any aggravating factors as early as possible.
This article explains the difference between a DMV administrative hearing and the criminal court process after a DUI. The DMV track is about your license and has fast deadlines. The court track is about your criminal charge and potential penalties.
If you have been arrested for DUI and want to learn more about defending your case and protecting your driving privileges, consider contacting us.
If you were arrested for DUI in California, the most time-sensitive step is often addressing the DMV deadline. Contact The H Law Group to review your notice, deadlines, and options.
